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15-128 JCS Builders, Stucco Damage Repair at 10785 Peninsular AvenueCITY Of CUPERTINO AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO. ____ _ THIS AGREEMENT, made and entered into this 15th day of June is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and JCS Builders Inc. 15436 Charmeran Ave., San Jose, CA. 95124 Phone 408-466-4 711 Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Stucco Damage Repair. Check box if services are further described in an Exhibit. X~ EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A. TER~ The services and/or materials furnished under this Agreement ~all commence on . , )u,l\o d-5 1 0-P\ '3 and shall be completed no later than f-luf~"t 31. QQ) 5 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Four Thousand Nine Hundred Fifty Eight Dollars $ 4,958.00 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY. Page 1of3 Short Form Agreement Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate -all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence ( 4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a seven (7)-day written notice. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Page 2of3 Short Form Agreement Agreement is an officer or employee of City. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME: Chris Orr DEPARTMENT: Facilities This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. BY~-,..,..:~....;,c.o=:::=i..--=~..:;f._-=~-==:;;_-f-:::J // Title:4~~~~A~~~.!'t:..A~k... 'V~ EXPENDITURE DISTRIBUTION DATE t--io --rr Page 3 of3 Short Form Agreement June 5, 2015 Chris Orr City of Cupertino/ Insurance claim. On behalf of: Gilbert Wong 10785 Peninsular Ave. Cupertino CA, 95014 Subject: Stucco Damage. Re: Proposal. Dear Chris, I am pleased to offer this proposal for the work at 10785 Peninsular Ave. Cupertino CA, 95014. The proposal is based on the following scope of work. I appreciate this opportunity to quote your work. Please call if there is any questions. I can be reached anytime at (408)466-4711. Sincerely, John C. Sonenberg. JCS Builders Inc. 15436 CharmeranAve., San Jose, Ca 95124, Phone ( 408) 466-4 711 Scope of Work Gilbert Wong 10785 Peninsular Ave. Menlo Park CA, 95014 This scope of work was developed from our discussion on 6/3/2015. Demo: • Remove wood shutter panels. • Remove Downspout. • Chip out damaged stucco areas at least 6"to 12" on each side. • Cut back stress cracks throughout. Carpentry: • Install wood backing where needed to ensure for a solid surface where lathe is to be over lapped. • Replace Down spouts and Wood Shutters. Lathe and Stucco: • Install new 15pound paper where needed. • Install new lathe overlap existing lathe • Apply scratch coat to repaired areas. (Needs 48 to 72 hours of cure time.). • Apply brown coat to repairs. (Needs 48 to 72 hours of cure time.). • Pressure wash wall. • Apply concrete bond with roller to entire wall • Apply Finish coat to entire wall. (Needs 48 to 72 hours of cure time.). Paint: • Paint wall only: (Discussed per conversation on 6/3/2015). • Paint (1) coat primer, (2) coats elastomeric paint. Daily Clean up: • Job will be keep clean on a daily basis. • Debris will be hauled off at the end of each day. General Liability Insurance: This cost is required to maintain general liability insurance. General company overhead: This covers JCS Builders general overhead costs. Operating expenses, other insurance costs, etc. Contractor's fees: JCS Builders Inc. fee to manage and complete this project. TOTAL COSTS: $ 4,958.00 Note: Any work not in scope of work, will require an approval by Owner, followed by a change order to be paid at completion of change order. Exclusions: • • • • • • • • • • • • • • • • Building Permits . Permit fees . Architectural drawings . Termite Damage . Dry Rot Damage . Special Inspections . Removal of hazardous materials of any kind . Pre-existing conditions, (Such as improper framing and lathe, stucco work due to previous construction and or remodeling). Replacement of existing window . Painting of wood shutters, gutters or downspouts . Replacement of gutters or downspouts . Sprinkler systems damaged by tree roots etc . Plants, shrubs and grass affected by previous contractors . Exact stucco match. (Due to age of home, Stucco texture may not match exactly) . Any additional cracks that may occur due to continuing growth of Red wood tree . Additional work not specified in scope of work. Terms & conditions: All payments due on completion of project. Payment for all work performed is due upon completion of the phases of work mentioned above. Interest rate of 18% per annum (1.5% per month) will be charged on all past due amounts. Ifit is necessary to take legal action to collect this account, owner agrees pay all attorney fees, court costs. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alterations or deviations from the above specifications involving extra costs will be executed only upon written orders, and will become extra charge over and above estimate. Owner to carry fire and other necessary insurance. Note: This proposal may be withdrawn by us if not accepted within 30 days. Thank you for the opportunity to submit this proposal. Sincerely, John C. Sonenberg JCS Builders Inc. Signature: _____________________ Date: ______ _ \ _, -:.~ l Q r [ """'{;) ~ ~ ii'~~ ? g I ~ ~ ;r . b (_ ~D -;]' ;:, m 2 ..... m -I 3 (U -'" ~ :> c ..... (") J1 en -I r 0 D ~°:~ ~ K:· m -I c· :::0 < (/) ,, (f} r-r> -l •=· ': .. ':i -· ~ .,,m ('; ~~~ ) rr1 ~ ol !_ r en m co ' 0 ·~. ,,-;:o Cl ~ ·j ~ -u r ...__..., I DATE (MM/DD/YYYY) ACORD* CERTIFICATE OF LIABILITY INSURANCE ... _., 6/18/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementlsl. PRODUCER 2R~~~cT Gene Delaplace DELAPLACE INSURANCE P~_?"i.~ ~-·" (408) 938-0950 I rffc No\(408) 287-1974 1916 W San Carlos #A ~oMl~~ss:sage88@aol.com San Jose, CA 95128 INSURERISl AFFORDING COVERAGE NAIC# INSURER A: United Special tv Insurance Co. INSURED JCS Builder's INSURER B: John Sonenberg INSURERC · 15436 Charmer an Avenue INSURER D: San Jose, CA 95124 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE MUU" 1uuun rnfSMgM~~\ 11J'S1~giYVlv1 LIMITS LTR INSR WVD POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE $ 1 000.000 -UAMAbt: I U Kt:N I cU x COMMERCIAL GENERAL LIABILITY PREMISES IEa occurrence\ $ 50 000 I CLAIMS-MADE []] ~CCUR MED EXP (Anvoneperson) $ 5 000 A -DSI-GL-CA-00371 7/24/14 7/24/15 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ l,000,000 xi POLICY n ~32..: n LOC $ AUTOMOBILE LIABILITY -fE~~~J~~Rt1 SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ --NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS IPer accident\ $ --$ UMBRELLA LIAS HOCCUR EACH OCCURRENCE $ -EXCESS LIAS CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION P'.'-'.\;;,~T~T.!!;;I IOJJ;I· AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT • DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENT~ /24~ /. .. I I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD COMMON POLICY DECLARATIONS COVERAGE IS PROVIDED BY U.S. Specialty Insurance POLICY NUMBER U 15AC88431-00 Company HCC Specialty RENEWAL OF POLICY NO: 13403 Northwest Freeway, Houston, TX 77040 Named Insured: JCS BUILDERS INC Mailing Address: 15436 CHARMERAN AVENUE SAN JOSE, CA 95124 From: 07128/2015 To: 07/28/2016 Policy Period: at 12:01 A.M., Standard Time at your malling address shown above. Broker: Delaplace Insurance In return for the payment of premium and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS INDICATED BELOW. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. ---. PREMIUM .. Commercial General Liability Coverage Part TOT AL PREMIUM .. Policy Fee ... POLICY TOTAL -(Policy Total shown is payable at inception) Forms and Endorsements: See HCS 030 021112-Schedule of Forms and Endorsements HCS 010 01 0113 ~-· COMMON POLICY DECLARATIONS COVERAGE IS PROVIDED BY U.S. Specialty Insurance POLICY NUMBER U 15AC88431-00 Company HCC Specialty RENEWAL OF POLICY NO: 13403 Northwest Freeway, Houston, TX 77040 ·- Named Insured: JCS BUILDERS INC Mailing Address: 15436 CHARMERAN AVENUE SAN JOSE, CA 95'124 _.. .. ____ . ____ ,,. ___ , .. From; 07/28/2015 To: 07/28/2016 Policy Period: at 1.2:01 A.M., Standard Time at your mailing address shown above. I-• Broker: Delaplace Insurance ----,,,,,. _________ """"-_ In return for the payment of premium and subject to a!l the terms of this policy, we agree with you to provide the Insurance as stated in this policy. _,..,.,...,...._«.,~----· THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS INDICATED BELOW. THlS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. ·-·· .. ·-···---·-~···------··,,. .. , ,_.,.. ... ,,.,;, PREMIUM ____ , __ , ___ ··-.. Commercial General Liabilitv Coveraae Part ---.~ ...... _. __ TOTAL PREMIUM .. ·-------··-- Policv Fee ... POUCYTOTAL .. (Policy Total shown is payable al inception) <..---. Forms and Endorsements: See HCS 030 02 1112-Schedule of Forms and Endorsements ~---------· HCS 010 01 0113 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS POLICY NUMBER: U15AC88431-00 EFFECTIVE DATE: 07/28/2015 LIMITS OF INSURANCE Each Occurrence Limit $1,000,000 General Aggregate Limit (Other than Products - Completed Operations) $2,000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Damage To Premises Rented To You Limit $100,000 Medical Expense Limit $ 5,000 Any One Person BUSINESS DESCRIPTION AND LOCATION OF PREMISES Form of Business: Corporation Business Description: Renovation I Handyman PREMIUM Classification Rate Premium Basis Exposure Premium Renovation I Handyman $24.9410 Per $1, 000 Payroll $21,000 .. ---~. Subcontracted Work 4.000 Per $1,000 Subcontracted Cost $10,000 Included Total Advance Premium -Forms and Endorsements: See HCS 030 02 1112 -Schedule of Forms and Endorsements THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED ANO THE POLICY PERIOD. HCS 020 01 0113 Page 1of1 ..._......., I DATE(MM/DDIYYYY) -1:C~Rrr CERTIFICATE OF LIABILITY INSURANCE 6/18/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementlsl. PRODUCER 2~~~!'-cTGene Delaplace DE LAPLACE INSURANCE f.~,?N,~ r .. n. {408) 938-0950 I iffc No\(408) 287-1974 1916 W San Carlos #A ~0~A~~ss:sage88@aol.com San Jose, CA 95128 INSURER($) AFFORDING COVERAGE NAIC# INSURER A: United Special tv Insurance Co. INSURED JCS Builder's INSURER B: John Sonenberg INSURER C: 15436 Charmer an Avenue INSURER D: San Jose, CA 95124 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE n~~• OYUU" POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER I IMM/DDIYYYYl llMM/DD/YYYYl GENERAL LIABILITY EACH OCCURRENCE $ 1 000.000 I-x COMMERCIAL GENERAL LIABILITY P'~W~IS~s lii~';;;~~~nce' $ 50 000 I CLAIMS-MADE Q[I OCCUR MED EXP (Any one person\ $ 5.000 A I-DSI-GL-CA-00371 7/24/14 7/24/15 PERSONAL & ADV INJURY $ 1,000,000 I-GENERAL AGGREGATE $ 2,000,000 13tl'L AGGRnE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ l, 000 .000 PRO-n $ POLICY ·--'~ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT • • /Ea accident\ i-- ANY AUTO BODILY INJURY (Per person) $ ...._ -SCHEDULED ALL OWNED BODILY INJURY (Per accident) $ -AUTOS I-AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident\ ...._ ...._ $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ --EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION. • WORKERS COMPENSATION P~~§H/T.~~ I IOJ~- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT • DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addilional Remarks Schedule, if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENT~ /~~ L~ .. I ,S © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD